Opinion: Mixed Messages on Sexual Assault in the Military

Best of the Web Today columnist James Taranto on Defense Secretary Hagel’s memo “reinterpreting” President Obama’s remarks on sexual assault in the military. Photos: AP

This transcript has been automatically generated and may not be 100% accurate.

I ... welcome to Opinion Journal I'm Mary Kissel ... in a present Obama said he had no tolerance for sexual assault in the military specifically he said and I quote ... if we find somebody in teaching in this they've got to be held accountable ... prosecuted stripped of their positions court martialed fired DIS honorably discharged periods ... and quote ... white House spokesman Ken on sidewalks nevermind now if that Defense Secretary Chuck cable laying in ... the thankfully we've got best of the Web Today columnist James Taranto here ... to sort out this model James ... first of all why would the presence comments in May so significant ... well I'm sure you're familiar with article thirty seven of the uniform code of military justice ... this is the section of the law that barred dance was called unlawful command influence what that means is somebody in the chain of command ... is not supposed to make statements that will not prejudice the administration of military justice ... Brock Obama is the commander in chief his ... very top of the can of command ... and in fact a number of high ... officers the military have said ... that Obama side ... comments have had an effect on the administration of justice ... by the court marshals are throughout the military so it's a very serious problem ... well in its honest admission that this is a serious problem to see Defense Secretary Chuck Paykel's comments ... which came out in these last days men put a little slighted that up on the screen ... and a call to me clear ... its military justice case must be resolved on its own facts ... those who exercise discretionary authority in the military justice process ... must exercise their independent judgment ... consistent with the applicable law in regulation and quote ... James's that ... sort this all out ... while the other couple Proms with this Forstall what ... that what Secretary Nagel said in this memo that we went out last week ... IP shouldn't have to be sad it's I it's obviously it is the basic ... law of the basic principle of military justice ... now it's good that the Sayid the president should have said and instead of what he said a few months ago ... ah but ... if the problem is ... unlawful command influence from the commander in chief ... it doesn't really solve the problem for the defense secretary was just below the commander in chief in the chain of command ... to say why it it did to make statements contradicting with that with the commander in chief said if you have in general ... RI was the commander of the unit and he says ... our I you know I want this guy I'd I'd ... convicted guilty or not ... and a Colonel says no no no no you should die you should ignore that ... the general is still said it still the UCI is still a problem this is that they the you've written about now for quite some time in Orissa specific Westpoint case ... I've that you wrote about her op ed page ... on how does that case how is that he's influenced ... by this continuing legal now ... well it's not clear whether it is or not but there are many allegations of unlawful command influence ... in that case which is now on appeal ... the most directive which is the major who was trick or Marty the cadets are ... tactical command officer ... I'd ... the defense counsel asked him to write a letter of recommendation ... the five major city would then e as his commander ... Colonel ... PFI ... you should do it in the Colonel said Dodd ... just to be clear this is not UCI unlawful command influence then he proceeded to advise against it well ... just to be clear this is not UCI is a self refuting statement because it's meant to influence ... the person you're instructing to follow your advice on its ... he told memo has the same problem because what handles memo says is essentially ... Obama is common to being misinterpreted they should not be understood as attempting to influence the outcome of case on this as real life consequences for today this kid that they were about and others who have been accused of sexual salt in the military ... it got about less than a minute left James ... why did the president intervened in all this in the first place but why oh why do we even have his arrest because there is a are you ... there is a political panic about sexual assault motor ... which is a genuine problem ... but the people are taking it out by you know try to convict men whether or not to kill see ... eye to one point that it needs to be stressed here when ... Nagel says don't interpret the president's can comments as unlawful command influence what he's doing is attempting to influence trials ... are in which this question has been racy saying no tomorrow ... you should not construe this um wobble Kalinin also his